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Child Support
Get help here on any issues around payment and non-payment of child support. Custody and visitation rights issues are legally separate from support and have their own topic. Be advised that many answers here apply only to the United States and may not apply anywhere else.
8,359 Questions
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If you have a good relationship with him, then whatever you two amicably agree to.
If you don't, then you need to talk to lawyers and make official, legal arrangements about custody and visitation.
If the father has taken a parentity test. Then he will all of the same rights as you. If you two do not agree apon visitation, then the state will determine when visitation will be held. It is better for you two to agree on what works best for the both of you. In my personal situation, my child's father had not acknowledged paternity by signing the birth certificate, therefore, paternity testing was done. Once paternity has been established, my state automatically filed for child support due to my daughter receiving Medicaid. If the state takes the father to court for child support, that is all the court will consider - meaning that they will not handle any custody or visitation issues at that point. It is up to either parent to pursue custody/visitation, usually through an attorney, although it can be done pro se. If paternity has been established then the court will consider a visitation plan. Often times, if the father wishes to establish visitation rights, the courts like to see the two parents come up with an agreeable arrangement together and have it approved by the court. Sometimes the court will request that a mediator work with the two parents to do this. Another option is that the judge will just develop the plan along a standard schedule, which allows for every other weekend and holidays. So, to answer your question, if the father is legally proven to be the father and wishes to have holiday visits then he will have to take you to court for visitation. If the two of you can't agree on a schedule then the judge will more than likely give the father visits every other holiday, which is standard. The father would have to be proven unfit or you must have a valid reason if you want to have the visits be supervised. Without a court approved visitation plan, then the father really has no legal right for visits and it is up to the custodial parent to make the choice.
Child support is based on a percentage of net income.
In an official opinion by Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement, child support obligation ceases while incarcerated.
You could pay by money order. However, you need to be sure of who the check should be written to--check with the court which ordered the child support.
And, yes, you should write "child support" on the memo line of the check or money order.
If you have paid child support and it turns out the child is not yours you are entitled to sue for repayment of the money.
Should you pay attention to your child while they are in the pool?
Only if you either a) care whether they live or die or b) want to avoid messy legal entanglements.
What are the dowry rights in Ohio?
Dowry is illegal in the US. So it would depend if you have a contract, have met the terms of that contract and if it is enforceable in the US. Ask your lawyer.
If you have sole custody of your 14-year-old daughter when can she decide not to visit her father?
If you have sole custody then there is a reason the courts granted you this. This means your daughter's father does not ever have to see him again and there is not much he can do about it. If she still wants to see her father then let it be as long as he treats her right, isn't an alcoholic or into drugs. She has a right to see her father when she wishes. If she has decided for reasons of her own not to see him then legally she doesn't have to, because you have sole custody. When children don't want to see a parent(s) there is usually good reason. Sit down with your daughter and ask how she feels about seeing her father and if she doesn't want to see him why. If the father has court order visitation, then she has to go, and if she doesn't then you can be held in contempt of court. If there is a *legitimate* reason why she doesn't want to go (ie: he verbally abuses her, does drugs, etc) then you need to go back to court and get the order changed. The real question is WHY would she not want to see her father. Children usually feel torn between to home it there is no comunication or the parents don't act like parents. So she might feel the pressure to stay with on more than the other in order to spare feelings. The best thing to do is to get help not legal.....medical..go to conseling first. If there is a court order of visitation the custodial parent cannot arbitrarily deny visitation to the other parent. Not obeying any court order is a contempt of court violation and can result in serious consequences. If the parents decided upon "reasonable" visitation rather than it being ordered by the court; the custodial parent may temporarily halt visitation and request a modification of the order. At the hearing the parent who filed the petition must be able to show "just cause" as to why such action was taken. ==
This is the answer to the persons question two up. Maybe the child hates that parent for reasons of their own. And they dont love that person anymore. I am 16 and am going through this right now. i would know.
If your daughter's father hasn't seen her in seven years does he still have visitation rights?
Seven-year-olds do not make decisions as to custody, that is the responsibility of the judge. A child of that age might be asked his opinion, especially if he has been reluctant in the past to visit his father (to rule out child abuse, etc.) but it is more likely the judge will be able to make a decision without his help.
If the father has court ordered visitation then you have to comply with that. If you do not, then Mom can be held in contempt of court. If there is a legitimate reason why the child does not want to go, then you need to petition the court to change the visitation order. Be aware that courts do not like to deny parents the right to visit/bond/maintain a relationship with their children and will not do so without a VERY, VERY compelling reason.
• According to various law websites, while a child may not be able to make the decision at age 7, his/her opinion is still valid and should be allowed to be heard in the courts. If your 7-year-old is saying he/she does not want to go and has a decent reason why then you chould file for modification of visitation and demand your child be able to speak.
Do you have to share your income with your ex every year?
Yes, if there is court ordered spousal maintenance and/or child support the financial obligation is mandatory until the order is changed or rescinded in court.
Start attending church at least weekly and ask him to go with you. Pray that God will bring good male role models into his life from the church community and continue to attend church with your child even if the father does not attend God will provide the best if you draw close to Him
The standard is 30 days to respond to a summons. A Paternity test order is a summons to appear at a designated location, such as a specific DNA Testing Clinic for sampling. If the potential father does not appear, the court could decide to issue a second summons, or what is far more common, enter a default order of paternity, and a potential default order for child support. It is not in the best interest of their client for the opposing attorney to make this easy, or not wait until the last minute.
The courts keep a list of certified clinics that they accept evidence from. You could contact the Judge's Secretary about making your own appointment.
If you are the potential father, you need to consider obtaining your own legal representation. Child support amounts are not mandatory. A rebuttal presumption argument can be made to pay more or less than the guideline amount. The opposing attorney will be entering evidence to benefit their client, which could be detrimental to you. That attorney is not your friend.
A properly prepared attorney will know how to oppose these arguments, and what to present on your behalf. The difference, even for a minimum wage earner, could be substantial over the life of the order. Also, a less experienced (cheaper) attorney with an experience paralegal, can be as effective as an experienced one. You just need to learn how to find one.
In GA can an ex receive child support from the ex spouse's social security insurance?
Child support is an obligation, social security is a source of income. They really have nothing to do with one another. If you are asking if she can garnish your social security, the answer is yes.
Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
Can department of social services sue a step parent for child support in new york?
If they can establish the stepparent as a primary support in a parent/child relationship.
No.
Can VA benefits be garnished for child support?
The simple answer to this question is no.
Can a judge do anything they want with judicial immunity?
The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings.
Is VA Compensation the same as disability?
No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution.
Is it legal to use VA Compensation for Spousal Support?
No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well.
Is it legal for the COURT to use VA Compensation for Child Support?
Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1987 and prior the answer is yes.
From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety.
38 USC § 211 - 1987
"The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans."
38 USC § 511 - 1988
"The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise."
This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents.
Is it legal for the Department of Veterans Affairs to divide VA Compensation?
Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process.
The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment.
When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents.
The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
Is back child support owed if you paid child support?
This assumes that you're asking about retroactive support (support due for a period prior to the entry of the first order), not unpaid support that accrued as the result of an order. Retroactive support is typically awarded (or not) at the entry of the original order for ongoing support. At that time, the court should give the obligor credit for voluntary support furnished during the period covered by the retroactive support award.
What is the minimum child support can take?
There is no minimum amount. Perhaps what is meant is..."What is the maximum amount"?
In regards to the percentage of a non custodial parent's income/assests that can be garnished for child support obligations, that is determined by the laws of the state in which the support order is rendered.
There are some US states where the percentage could be as much as 50% of the non custodial parent's disposable income.
If you marry someone who has to pay child support can his ex attach your wages also?
No, her wages cannot be garnished. But there is an issue that you must seriously consider. In most states any joint marital property can be attached for child support in the extent that it belongs to the biological parent who was ordered to pay. If you live in a community property state, a joint bank account would be subject to garnishment for the entire amount of child support owed. Because all assets are considered joint in CP states, bank accounts are very difficult to protect from levies, especially in regards to child support issues.
Can you bring your child with you to child abandonment court?
You will need someone to watch the child outside of the court room though because this would not be suitable for a young child to hear.
